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Your current state is Virginia
A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?
answered on Nov 6, 2024
With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More
I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at... View More
answered on Nov 5, 2024
This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing... View More
from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.
answered on Nov 4, 2024
Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More
He is a narcissist
answered on Oct 30, 2024
There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.
I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More
answered on Oct 30, 2024
Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More
The divorce paper specifies the property will be dealt with at a later date ( divorces in Arlington Virginia). We never intended to do this however the ex husband is dying ( he currently resides in France) he wishes to use this divorce to give me everything in a settlement which could be added to... View More
answered on Oct 29, 2024
In this matter, it is also necessary to take into account the location of the property. As a general rule, it is possible to apply to the court for the division of the property of former spouses only within the statute of limitations, which may differ depending on the jurisdiction, but is usually 3... View More
answered on Oct 28, 2024
There are three kinds of spousal support in Oregon:
Transitional
Compensatory, and
Maintenance.
Transitional support helps pay for education or training so that a divorced spouse can find work, change careers, or advance in the job market. Transitional spousal... View More
answered on Oct 25, 2024
If your house is community property, the court will include it in the "just and right division" of your marital estate regardless of whose name is on the loan or deed. The phrasing you use "entitled to half of the equity" is not precisely correct. You are "entitled"... View More
My lawyer has admitted guilt but the insurance lawyer has given me the run around for the past 2 years. My exes wife received the money instead of me. I just want what I'm owed, approx 75K. How do I proceed?
answered on Oct 23, 2024
How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know... View More
Regards video and audio recording. Is there an exception for possible domestic abuse scenario
answered on Oct 23, 2024
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More
I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!
answered on Oct 23, 2024
Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More
I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More
answered on Oct 22, 2024
Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More
I'm Self-Represented and my Ex has an attorney. The attorney is requesting, to start discussing financial settlement. The attorney has requested I share the most current statements for 401K & Stock portfolio.
Qs -
1) Am I legally required to share these statements? They... View More
answered on Oct 22, 2024
Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.
There is no set number of days or hours that you... View More
answered on Oct 21, 2024
Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.
You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But... View More
answered on Oct 21, 2024
It depends. The fact that there may not be assets to divide, does not mean that there is no potential entitlement to support. The starting point of that inquiry is whether there is a difference between the party's income settings, who occupied what role in the marriage and how long the parties... View More
answered on Oct 21, 2024
Having no assets alone does not negate the possibility of an alimony support obligation.
Alimony is intended to enable the supported spouse to share in the economic rewards of the marriage, occasioned by the paying spouse's income level. Considerations in whether an alimony support... View More
answered on Oct 21, 2024
The answer depends on several factors. The factors are detailed in the statute. The factors include, but are not limited to, each of the parties' incomes, the parties' lifestyle during the marriage, a party's need, a party's ability to pay, childcare responsibilities, and more.... View More
I was presented with a buyout scenario by a mediation lawyer, but I don't understand why he calculated a 5% interest earned on the money. He said if I invested the money I would earn 5%, but I am not going to invest it.
Also he calculated it for 10 years of alimony, but we were... View More
answered on Oct 22, 2024
I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More
My lawyer is asking me if I want an official English translation of my divorce decree from the “Casa Amarilla” that would include an apostille. He said in order for the decree to be used or recognized in the United States, it must have the apostille. I called a lawyers office here in Washington... View More
answered on Oct 18, 2024
Both the U.S. and Costa Rica are signatories of the 1961 Hague Convention which abolished the requirement that U.S. consular officers authenticate Costa Rican civil documents for use in the United States. The Convention became effective in Costa Rica in 2011.
The Government of Costa Rica... View More
My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More
answered on Oct 17, 2024
All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More
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